A Treatise of the Law Relative to Contracts and Agreements Not Under Seal: With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts, Volume 2A. Strahan, 1807 |
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Halaman 1
... . Of an Account ftated . 5. Of Interest . 6. Of Contracts of Sale of Goods , & c . 7. Of Agreements to Accept , Transfer , or Replace VOL . II . Stock . B s . Of 8. Of Contracts of Warranty . 9. Of the Bailment THE ...
... . Of an Account ftated . 5. Of Interest . 6. Of Contracts of Sale of Goods , & c . 7. Of Agreements to Accept , Transfer , or Replace VOL . II . Stock . B s . Of 8. Of Contracts of Warranty . 9. Of the Bailment THE ...
Halaman 2
... Warranty . 9. Of the Bailment of Goods to Carriers , Wharf- ingers , Warehousemen , and others . 10. Of Agreements to deliver up Securities , & c . 11. Of Contracts for Neceffaries . 12. Of Services and Works . 13. Of Contracts to Marry ...
... Warranty . 9. Of the Bailment of Goods to Carriers , Wharf- ingers , Warehousemen , and others . 10. Of Agreements to deliver up Securities , & c . 11. Of Contracts for Neceffaries . 12. Of Services and Works . 13. Of Contracts to Marry ...
Halaman 64
... warranty . But Lawrence , J. , before whom the caufe was tried , over - ruled the objections , and directed a verdict to be found for the plaintiff , with liberty for the defendant to move to enter a nonfuit . A motion for that purpose ...
... warranty . But Lawrence , J. , before whom the caufe was tried , over - ruled the objections , and directed a verdict to be found for the plaintiff , with liberty for the defendant to move to enter a nonfuit . A motion for that purpose ...
Halaman 65
... warranty of the title , the pre- mifes shall be taken to be fold under fuch title ; and no verbal declarations of the auctioneer , at the time of the fale , fhall be admitted to contradict the printed conditions . Thus , in the cafe of ...
... warranty of the title , the pre- mifes shall be taken to be fold under fuch title ; and no verbal declarations of the auctioneer , at the time of the fale , fhall be admitted to contradict the printed conditions . Thus , in the cafe of ...
Halaman 76
... warranty of a pair of horses to Dr. Compton , that they were five years old , when in fact they turned out to be only four , and they were not returned within a certain time , I held that ' if the plaintiff would refcind the contract en ...
... warranty of a pair of horses to Dr. Compton , that they were five years old , when in fact they turned out to be only four , and they were not returned within a certain time , I held that ' if the plaintiff would refcind the contract en ...
Istilah dan frasa umum
action for money action of affumpfit action of indebitatus affigned affumpfit for money aforefaid afterwards againſt agreement alfo alſo annuity anſwer Bailment becauſe bill bond brought cafe carrier caſe caufe cauſe circumftances commiffion common carrier confequence confideration contract counſel court court of equity damages debt declaration defendant defendant's delivered depofit diſcharge exprefs fafely faid fale fame fecurity fendant fent fervant fhall fhip fhould firſt fold fome ftated ftatute fubject fuch fufficient fum of money himſelf horfe horſe houſe indebitatus affumpfit indorfed infured intereft judgment Juftice jury liable Lord Ellenborough Lord Kenyon Lord Mansfield mafter money paid muſt neceffary nonfuit opinion parties payment perfon plaintiff poffeffion prefent premium promiſe proved purchaſe purpoſe queſtion reaſon received recover back refpect refuſed rent requeſt riſk ſaid ſhall ſhip ſpecial ſtated ſtock ſuch teftator Term Rep thefe thereof theſe thoſe tranfaction trial unleſs uſe verdict Vide void wager warehouſe warranty
Bagian yang populer
Halaman 572 - Jac. 1, c. 16, § 4) it was provided "that if in any the said actions or suits, judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his plaint, writ or bill...
Halaman 292 - ... a carrier is in the nature of an insurer. It is laid down that he is liable for every accident, except by the act of God, or the king's enemies.
Halaman 36 - ... here was no fraud, no wrong. It was incumbent upon the plaintiff to be satisfied that the bill drawn upon him was the drawer's hand, before he accepted or paid it. But it was not incumbent upon the defendant to inquire into it.
Halaman 240 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: Ex dolo malo non oritur actio.
Halaman 510 - it shall and may be lawful to and for the landlord or landlords, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements or hereditaments held or occupied by the defendant or defendants, in an action on the case for the use and occupation of what was so held or enjoyed...
Halaman 499 - As to the certainty of the law mentioned by Mr. Dunning, it would be very hard upon the profession if the law was so certain that everybody knew it; the misfortune is that it is so uncertain that it costs much money to know what it is even in the last resort.
Halaman 510 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any...
Halaman 143 - ... won by gaming or playing at cards, dice, tables, tennis, bowls, or other game or games...
Halaman 41 - The rule has always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received.
Halaman 36 - He made no objection to them, at the time of paying them. Whatever neglect there was, was on his side. The defendant had actual encouragement from the plaintiff...